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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8159377
Regular
Jan 21, 2016

PETER MARINO vs. MAJOR LEAGUE SOCCER (COLUMBUS CREW et. al.), INSURANCE COMPANY OF NORTH AMERICA/ACE USA

This case involves a professional soccer player's workers' compensation claim for cumulative industrial injury. The Appeals Board granted reconsideration, rescinding the initial award due to issues with permanent disability rate and apportionment. Crucially, the Board remanded the case to determine Major League Soccer's (MLS) role as a single entity employer, as the applicant's initial contract was signed in California, establishing jurisdiction. This determination will impact liability and the potential joinder of prior insurers.

Workers Compensation Appeals BoardPeter MarinoMajor League SoccerInsurance Company of North AmericaACE USAPetition for ReconsiderationFindings and AwardWorkers' Compensation Administrative Law Judgeindustrial injuryprofessional soccer player
References
Case No. ADJ7632947
Regular
May 03, 2012

DIMITRY KOVALENKO vs. MAJOR LEAGUE SOCCER dba LOS ANGELES GALAXY, GREAT DIVIDE INSURANCE

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award that granted the applicant 89% permanent disability, finding that the defendant was denied due process. The WCAB determined that the applicant's attorney's actions improperly hindered the selection of a Qualified Medical Evaluator (QME). The case is returned to the trial level to allow for a proper QME evaluation, with the defendant liable for travel costs.

Workers' Compensation Appeals BoardMajor League SoccerLos Angeles GalaxyGreat Divide InsuranceDimitry Kovalenkocumulative traumapermanent disabilityPanel Qualified Medical Evaluation (PQME)Mandatory Settlement Conference (MSC)Labor Code section 4062.2
References
Case No. ADJ2273697 (ANA 0387273), ADJ810982 (ANA 0387274)
Regular
Jan 05, 2010

SHAWN BEYER vs. MAJOR INDOOR SOCCER LEAGUE, STATE COMPENSATION INSURANCE FUND

In Case No. ADJ2273697, the Appeals Board denied SCIF's petition for reconsideration as no specific arguments were raised. For Case No. ADJ810982, the Board granted reconsideration, rescinded the prior award, and remanded to the WCJ. This action was taken because a proposed correction of "body parts injured" from the extremities to the cervical spine, psyche, and head was deemed a substantive change, not a clerical error. The Board noted that this substantive change could raise new issues requiring further consideration.

Workers' Compensation Appeals BoardShawn BeyerMajor Indoor Soccer LeagueState Compensation Insurance Fundpetition for reconsiderationFindings of Fact and Awardindustrial injurypermanent disabilityapportionmentfuture medical treatment
References
Case No. ADJ2846580 (ANA 0334623)
Regular
Aug 03, 2010

TROY DAYAK vs. SAN JOSE EARTHQUAKES, BERKLEY SPECIALTY UNDERWRITING MANAGERS, GULF/TRAVELERS INSURANCE COMPANY, SAN JOSE CLASH in care of ESIS, SAN JOSE GRIZZLIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's cumulative trauma injury end date to December 28, 2004. This decision was based on medical evidence indicating the applicant reached permanent and stationary status on that date, despite continuing to play professional soccer afterward. The Board found that further injury after that date did not increase the applicant's permanent disability. The case is now returned to the trial level for further proceedings.

cumulative traumaprofessional athletedate of injurypermanent and stationary statussection 5412section 5500.5period of coverageapportionmentmajor league socceroccupational disease
References
Case No. ADJ8517777
Regular
Oct 07, 2019

DOUGLAS ARONSON vs. WORLD LEAGUE OF AMERICAN FOOTBALL, LIBERTY MUTUAL INSURANCE, STATE COMPENSATION INSURANCE FUND, PHILADELPHIA EGLES, FAIRMONT PREMIER INSURANCE COMPANY

In *Aronson v. World League of American Football*, the Workers' Compensation Appeals Board denied a petition for reconsideration, upholding an arbitrator's finding. The core issue was whether the State Compensation Insurance Fund's (SCIF) policy covered all employees of the League injured within California's jurisdiction, or only those affiliated with the Sacramento Surge. The Board affirmed that standard workers' compensation policies cover all employees unless explicitly limited, and any ambiguity is resolved in favor of the insured. Therefore, SCIF's policy was interpreted to provide coverage for all League employees injured in California during the relevant period.

Workers' Compensation Appeals BoardPetition for ReconsiderationInsurance Policy InterpretationSCIF PolicyCalifornia JurisdictionAmbiguity Resolved Against InsurerGreatest CoverageArbitrator's DecisionFindings and AwardState Compensation Insurance Fund
References
Case No. ADJ10229956
Regular
Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee
References
Case No. ADJ1688022 (VNO 0558018)
Regular
May 03, 2010

RONALD TORRES vs. FOREVER 21, FEDERAL INSURANCE COMPANY, CHUBB GROUP OF INSURANCE COMPANIES

This case involves a worker injured playing soccer off-duty on company property. The employer argued the injury was not compensable under Labor Code section 3600(a)(9) as it was voluntary recreational activity. The Board reversed the initial finding, holding that the worker's voluntary participation in the soccer game, which was not required by or a reasonable expectancy of employment, fell outside the scope of workers' compensation coverage. Therefore, the applicant's claim for benefits for his shoulder injury was denied.

Labor Code section 3600(a)(9)Ezzy v. Workers' Comp. Appeals Bd.off-duty recreational activityvoluntary participationreasonable expectancy of employmentexpressly or impliedly requiredsoccer game injuryindustrial injuryleft shouldercompensable injury
References
Case No. ADJ8499686
Regular
Jul 31, 2015

KELLY STINNETT vs. LOS ANGELES DODGERS, NEW YORK METS, ARIZONA DIAMONDBACKS, KANSAS CITY ROYALS, ACE AMERICAN INSURANCE COMPANY, CINCINNATI REDS

This case concerns a professional baseball player's workers' compensation claim against multiple employers and their insurers, including the Los Angeles Dodgers. The Workers' Compensation Appeals Board (WCAB) denied the insurer's petition for reconsideration, upholding the finding of industrial injury and a 15% permanent disability "bump up" due to the employer's non-compliance with return-to-work requirements. The WCAB found sufficient connection to California jurisdiction as the applicant was employed by the Los Angeles Dodgers, a California-based team, during the cumulative trauma period. The WCAB also affirmed the application of Labor Code section 4658(d)(2), finding no exception for professional athletes.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4658(d)(2)ReconsiderationJurisdictionDue ProcessProfessional AthleteCumulative Trauma
References
Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ7509842
Regular
Jul 01, 2014

Latrisha Majors vs. Palmdale School District, York Insurance Services Group

The Appeals Board granted reconsideration and amended the original award to include an injury to the applicant's head, in addition to her back. However, they affirmed the finding of $0\%$ permanent disability and no need for further medical treatment. This decision relied on the applicant's primary treating physician's opinion, deeming it more persuasive and giving significant weight to the WCJ's credibility finding of the applicant. The amendment to include the head injury was based on the WCJ's report acknowledging a concussion, even if subjective complaints of headaches were not found credible.

Latrisha MajorsPalmdale School DistrictYork Insurance ServicesPetition for ReconsiderationFindings and Awardspecial education substituteindustrial injuryback injurypermanent disabilitymedical treatment
References
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